Firearms Prohibition in Domestic Violence Cases

Are you facing
domestic violence charges in Tampa, or anywhere else in Hillsborough County or Florida?
If so, and you happen to own firearms, you may be curious to know, “Will
I be prohibited from possessing a firearm?” This is a valid question
because under certain circumstances, an abuser can be prohibited from
possessing firearms. In fact, such persons are referred to as “prohibited
possessors.”

In Florida, convicted felons are not allowed to possess, own, purchase,
or carry firearms until their civil rights have been restored. However,
you don’t have to be a convicted felon to fall under the “prohibited
possessor” category. Under Florida law, if you are subject to a
current domestic violence
restraining order, otherwise known as an “injunction,” you cannot:

Possess any firearms.

Possess any ammunition.

Obtain a license to carry a concealed weapon.

Under Section 790.065(2), if you are prohibited from possessing a firearm
or ammunition because of a domestic violence injunction, and you violate
the law, you would be guilty of a
first-degree misdemeanor, punishable by a fine not to exceed $1,000, or by up to one year in jail,
or by a fine and imprisonment.

Federal Weapons Bans & Domestic Violence

Now you know that it’s against state law to possess any firearms
while you’re subject to a domestic violence injunction (restraining
order), did you know that a violation could be punished under federal
law? Both state and federal law make it illegal for abusers to possess
firearms or ammunition when they have a final injunction for domestic
violence against them.

Let’s take a closer look at the federal law: Under 18 U.S.C. §922(g)(8),
it’s illegal for an abuser (an intimate partner), who has a Final
Judgement of Injunction for Protection Against Domestic Violence against
him or her to possess ay firearms or ammunition. Under U.S.C. §924(a)(2),
a federal violation of this section is punishable by up to
10 years in prison, or by a
fine not to exceed $250,000, or by a fine and imprisonment. So, you do not want to violate this law,
no matter how tempted you may be!

Florida’s Domestic Violence Laws

Now, let’s review Florida’s domestic violence law: Under
Sec. 741.28 of the Florida Statutes, domestic violence refers to assault or aggravated
assault, battery or aggravated battery, or sexual assault or battery against
a family or household member. It also means stalking, false imprisonment
(forcing someone to be contained in a space against their will), or any
other criminal offense that results in bodily injury or death against
a member of the same family or household.

Family or household members, include:

Spouses

Siblings

Roommates

Parents and children

Stepparents and stepchildren

Foster parents and foster children

Adoptive parents and adopted children

People who are presently living together as a family

People who lived together in the past as a family

In Florida, domestic violence is typically charged as
assault, aggravated assault, sexual assault, aggravated sexual assault, and aggravated
battery. Battery, for example, is criminalized under
Sec. 784.03 of the Florida Statutes. Under this section, you commit the offense of
“battery” if you intentionally touch or strike another person
or intentionally cause bodily harm to him or her.

Battery under Sec. 784.03 is a misdemeanor of the first degree, punishable
by up to a $1,000 fine, and by up to one year in jail. However, if the
defendant intentionally and knowingly caused great bodily harm upon the
victim, permanent disability or disfigurement (including scars), or if
they used a deadly weapon, he or she commits the offense of “aggravated
battery,” a
felony of the second degree, punishable by up to 15 years in prison, or by a fine not to exceed $10,000.

Are you facing domestic violence charges? If so,
contact Thomas & Paulk, P. A. to protect your freedom and your future. All of our initial consultations
are free of charge!

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.